NFL Player Loses Endorsement for Kneeling During National Anthem

by Brian Nichols

Over the past few weeks, the NFL and public at large have been abuzz due to San Francisco 49ers quarterback Colin Kaepernick refusing to stand for the National Anthem at the beginning of the final two preseason games of the NFL schedule.  Considered many in the general public as a sign us disrespect to America and its brave men and women who fought and died for this country, Kaepernick has faced a great deal of public backlash. And while he has faced a great deal of backlash, he has also faced a great deal of support.

Cue Denver Broncos Linebacker Brandon Marshall.

On Thursday, September 8, the 2016-2017 NFL Season officially kicked off, but not without some controversy of its own. During the National Anthem, Marshall, in a sign of unity with Kaepernick, dropped down to one knee to join his fellow NFL player in not standing during the singing of the Anthem.  While Marshall is not the first player to stand for the National Anthem in the NFL, he is the first player to not stand for the Anthem during the regular season, as all other acts of protest took place during the preseason.

There is no doubt that both Kaepernick, and now Marshall, have their right to protest the National Anthem by not standing.  It is within their First Amendment rights, and as such, should be treated as such.  However, that is not to say that their actions are free from consequence.

Immediately following Thursday Night’s NFL Kickoff, Marshall lost one of his top endorsers, the Air Academy Federal Credit Union.  A quote obtained from the Air Academy Federal Credit Union stated:

“Although we have enjoyed Brandon Marshall as our spokesperson over the past five months, Air Academy Federal Credit Union (AAFCU) has ended our partnership,” Glenn Strebe, the AAFCU’s president and CEO wrote in a Facebook statement. “AAFCU is a membership-based organization who has proudly served the military community for over 60 years. While we respect Brandon’s right of expression, his actions are not a representation of our organization and membership. We wish Brandon well on his future endeavors.”

If anything, the Brandon Marshall National Anthem protest is a teachable moment for Americans with regards to their right to act on their First Amendment rights, but also that their actions are not free from consequence.

Marshall is a professional football play who not only works for the private entity that is the Denver Broncos, but is also under the umbrella of the National Football League.  Firstly, if the Broncos or the NFL were to make a rule stating that all players must stand for the National Anthem (as the National Basketball Association has done), then Marshall would be subjected to any and all penalties and punishment the Broncos or the NFL deemed fitting.  It is not a silencing of his First Amendment Rights, as he is an employee in a contractual relationship with an employer.  This means that while he has the right do violate this employer’s rules, he also has to accept the fact that he is not immune from the consequences brought down by his employer.

Furthermore, the loss of endorsement from the AAFCU is yet another example of how one’s First Amendment rights are not immune when it comes to private contracts.  Marshall, as an official spokesperson for AAFCU, was the image the company sought to shine on their potential customer base.  As such, the AAFCU expected Marshall to act in a manner that not only places himself in a positive image, but that also reflects positively on the AAFCU.  By kneeling during the National Anthem in protest, though an act on his First Amendment rights, AAFCU decided that his doing so cast a negative spotlight on both him and their brand, and thus acted accordingly.

The issue of “free speech” is often a muddy area, as many do not realize that simply because you have the right to say something does not mean you are free from any and all consequences; both good and bad.  From Twitter indefinitely banning Milo Yiannopoulos due to his trolling and provacative tweets towards Ghostbusters star Leslie Jones to A&E suspendeding Phil Robertson from the popular reality television show “Duck Dynasty” due to his controversial remarks on homosexuality, each were in accordance to a private entity making a decision based on the action of one of their users or employees.

In all, if there is one important, teachable moment one can take away from this article, it is this:

Freedom of Speech does not mean Freedom from Consequence.

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